HB0202 Enrolled LRB096 03310 RLC 14589 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 24-2 as follows:
 
6     (720 ILCS 5/24-2)  (from Ch. 38, par. 24-2)
7     Sec. 24-2. Exemptions.
8     (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
9 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
10 the following:
11         (1) Peace officers, and any person summoned by a peace
12     officer to assist in making arrests or preserving the
13     peace, while actually engaged in assisting such officer.
14         (2) Wardens, superintendents and keepers of prisons,
15     penitentiaries, jails and other institutions for the
16     detention of persons accused or convicted of an offense,
17     while in the performance of their official duty, or while
18     commuting between their homes and places of employment.
19         (3) Members of the Armed Services or Reserve Forces of
20     the United States or the Illinois National Guard or the
21     Reserve Officers Training Corps, while in the performance
22     of their official duty.
23         (4) Special agents employed by a railroad or a public

 

 

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1     utility to perform police functions, and guards of armored
2     car companies, while actually engaged in the performance of
3     the duties of their employment or commuting between their
4     homes and places of employment; and watchmen while actually
5     engaged in the performance of the duties of their
6     employment.
7         (5) Persons licensed as private security contractors,
8     private detectives, or private alarm contractors, or
9     employed by an agency certified by the Department of
10     Professional Regulation, if their duties include the
11     carrying of a weapon under the provisions of the Private
12     Detective, Private Alarm, Private Security, Fingerprint
13     Vendor, and Locksmith Act of 2004, while actually engaged
14     in the performance of the duties of their employment or
15     commuting between their homes and places of employment,
16     provided that such commuting is accomplished within one
17     hour from departure from home or place of employment, as
18     the case may be. Persons exempted under this subdivision
19     (a)(5) shall be required to have completed a course of
20     study in firearms handling and training approved and
21     supervised by the Department of Professional Regulation as
22     prescribed by Section 28 of the Private Detective, Private
23     Alarm, Private Security, Fingerprint Vendor, and Locksmith
24     Act of 2004, prior to becoming eligible for this exemption.
25     The Department of Professional Regulation shall provide
26     suitable documentation demonstrating the successful

 

 

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1     completion of the prescribed firearms training. Such
2     documentation shall be carried at all times when such
3     persons are in possession of a concealable weapon.
4         (6) Any person regularly employed in a commercial or
5     industrial operation as a security guard for the protection
6     of persons employed and private property related to such
7     commercial or industrial operation, while actually engaged
8     in the performance of his or her duty or traveling between
9     sites or properties belonging to the employer, and who, as
10     a security guard, is a member of a security force of at
11     least 5 persons registered with the Department of
12     Professional Regulation; provided that such security guard
13     has successfully completed a course of study, approved by
14     and supervised by the Department of Professional
15     Regulation, consisting of not less than 40 hours of
16     training that includes the theory of law enforcement,
17     liability for acts, and the handling of weapons. A person
18     shall be considered eligible for this exemption if he or
19     she has completed the required 20 hours of training for a
20     security officer and 20 hours of required firearm training,
21     and has been issued a firearm control card by the
22     Department of Professional Regulation. Conditions for the
23     renewal of firearm control cards issued under the
24     provisions of this Section shall be the same as for those
25     cards issued under the provisions of the Private Detective,
26     Private Alarm, Private Security, Fingerprint Vendor, and

 

 

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1     Locksmith Act of 2004. Such firearm control card shall be
2     carried by the security guard at all times when he or she
3     is in possession of a concealable weapon.
4         (7) Agents and investigators of the Illinois
5     Legislative Investigating Commission authorized by the
6     Commission to carry the weapons specified in subsections
7     24-1(a)(3) and 24-1(a)(4), while on duty in the course of
8     any investigation for the Commission.
9         (8) Persons employed by a financial institution for the
10     protection of other employees and property related to such
11     financial institution, while actually engaged in the
12     performance of their duties, commuting between their homes
13     and places of employment, or traveling between sites or
14     properties owned or operated by such financial
15     institution, provided that any person so employed has
16     successfully completed a course of study, approved by and
17     supervised by the Department of Professional Regulation,
18     consisting of not less than 40 hours of training which
19     includes theory of law enforcement, liability for acts, and
20     the handling of weapons. A person shall be considered to be
21     eligible for this exemption if he or she has completed the
22     required 20 hours of training for a security officer and 20
23     hours of required firearm training, and has been issued a
24     firearm control card by the Department of Professional
25     Regulation. Conditions for renewal of firearm control
26     cards issued under the provisions of this Section shall be

 

 

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1     the same as for those issued under the provisions of the
2     Private Detective, Private Alarm, Private Security,
3     Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
4     control card shall be carried by the person so trained at
5     all times when such person is in possession of a
6     concealable weapon. For purposes of this subsection,
7     "financial institution" means a bank, savings and loan
8     association, credit union or company providing armored car
9     services.
10         (9) Any person employed by an armored car company to
11     drive an armored car, while actually engaged in the
12     performance of his duties.
13         (10) Persons who have been classified as peace officers
14     pursuant to the Peace Officer Fire Investigation Act.
15         (11) Investigators of the Office of the State's
16     Attorneys Appellate Prosecutor authorized by the board of
17     governors of the Office of the State's Attorneys Appellate
18     Prosecutor to carry weapons pursuant to Section 7.06 of the
19     State's Attorneys Appellate Prosecutor's Act.
20         (12) Special investigators appointed by a State's
21     Attorney under Section 3-9005 of the Counties Code.
22         (12.5) Probation officers while in the performance of
23     their duties, or while commuting between their homes,
24     places of employment or specific locations that are part of
25     their assigned duties, with the consent of the chief judge
26     of the circuit for which they are employed.

 

 

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1         (13) Court Security Officers while in the performance
2     of their official duties, or while commuting between their
3     homes and places of employment, with the consent of the
4     Sheriff.
5         (13.5) A person employed as an armed security guard at
6     a nuclear energy, storage, weapons or development site or
7     facility regulated by the Nuclear Regulatory Commission
8     who has completed the background screening and training
9     mandated by the rules and regulations of the Nuclear
10     Regulatory Commission.
11         (14) Manufacture, transportation, or sale of weapons
12     to persons authorized under subdivisions (1) through
13     (13.5) of this subsection to possess those weapons.
14     (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
15 24-1.6 do not apply to or affect any of the following:
16         (1) Members of any club or organization organized for
17     the purpose of practicing shooting at targets upon
18     established target ranges, whether public or private, and
19     patrons of such ranges, while such members or patrons are
20     using their firearms on those target ranges.
21         (2) Duly authorized military or civil organizations
22     while parading, with the special permission of the
23     Governor.
24         (3) Hunters, trappers or fishermen with a license or
25     permit while engaged in hunting, trapping or fishing.
26         (4) Transportation of weapons that are broken down in a

 

 

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1     non-functioning state or are not immediately accessible.
2     (c) Subsection 24-1(a)(7) does not apply to or affect any
3 of the following:
4         (1) Peace officers while in performance of their
5     official duties.
6         (2) Wardens, superintendents and keepers of prisons,
7     penitentiaries, jails and other institutions for the
8     detention of persons accused or convicted of an offense.
9         (3) Members of the Armed Services or Reserve Forces of
10     the United States or the Illinois National Guard, while in
11     the performance of their official duty.
12         (4) Manufacture, transportation, or sale of machine
13     guns to persons authorized under subdivisions (1) through
14     (3) of this subsection to possess machine guns, if the
15     machine guns are broken down in a non-functioning state or
16     are not immediately accessible.
17         (5) Persons licensed under federal law to manufacture
18     any weapon from which 8 or more shots or bullets can be
19     discharged by a single function of the firing device, or
20     ammunition for such weapons, and actually engaged in the
21     business of manufacturing such weapons or ammunition, but
22     only with respect to activities which are within the lawful
23     scope of such business, such as the manufacture,
24     transportation, or testing of such weapons or ammunition.
25     This exemption does not authorize the general private
26     possession of any weapon from which 8 or more shots or

 

 

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1     bullets can be discharged by a single function of the
2     firing device, but only such possession and activities as
3     are within the lawful scope of a licensed manufacturing
4     business described in this paragraph.
5         During transportation, such weapons shall be broken
6     down in a non-functioning state or not immediately
7     accessible.
8         (6) The manufacture, transport, testing, delivery,
9     transfer or sale, and all lawful commercial or experimental
10     activities necessary thereto, of rifles, shotguns, and
11     weapons made from rifles or shotguns, or ammunition for
12     such rifles, shotguns or weapons, where engaged in by a
13     person operating as a contractor or subcontractor pursuant
14     to a contract or subcontract for the development and supply
15     of such rifles, shotguns, weapons or ammunition to the
16     United States government or any branch of the Armed Forces
17     of the United States, when such activities are necessary
18     and incident to fulfilling the terms of such contract.
19         The exemption granted under this subdivision (c)(6)
20     shall also apply to any authorized agent of any such
21     contractor or subcontractor who is operating within the
22     scope of his employment, where such activities involving
23     such weapon, weapons or ammunition are necessary and
24     incident to fulfilling the terms of such contract.
25         During transportation, any such weapon shall be broken
26     down in a non-functioning state, or not immediately

 

 

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1     accessible.
2     (d) Subsection 24-1(a)(1) does not apply to the purchase,
3 possession or carrying of a black-jack or slung-shot by a peace
4 officer.
5     (e) Subsection 24-1(a)(8) does not apply to any owner,
6 manager or authorized employee of any place specified in that
7 subsection nor to any law enforcement officer.
8     (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
9 Section 24-1.6 do not apply to members of any club or
10 organization organized for the purpose of practicing shooting
11 at targets upon established target ranges, whether public or
12 private, while using their firearms on those target ranges.
13     (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
14 to:
15         (1) Members of the Armed Services or Reserve Forces of
16     the United States or the Illinois National Guard, while in
17     the performance of their official duty.
18         (2) Bonafide collectors of antique or surplus military
19     ordinance.
20         (3) Laboratories having a department of forensic
21     ballistics, or specializing in the development of
22     ammunition or explosive ordinance.
23         (4) Commerce, preparation, assembly or possession of
24     explosive bullets by manufacturers of ammunition licensed
25     by the federal government, in connection with the supply of
26     those organizations and persons exempted by subdivision

 

 

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1     (g)(1) of this Section, or like organizations and persons
2     outside this State, or the transportation of explosive
3     bullets to any organization or person exempted in this
4     Section by a common carrier or by a vehicle owned or leased
5     by an exempted manufacturer.
6     (g-5) Subsection 24-1(a)(6) does not apply to or affect
7 persons licensed under federal law to manufacture any device or
8 attachment of any kind designed, used, or intended for use in
9 silencing the report of any firearm, firearms, or ammunition
10 for those firearms equipped with those devices, and actually
11 engaged in the business of manufacturing those devices,
12 firearms, or ammunition, but only with respect to activities
13 that are within the lawful scope of that business, such as the
14 manufacture, transportation, or testing of those devices,
15 firearms, or ammunition. This exemption does not authorize the
16 general private possession of any device or attachment of any
17 kind designed, used, or intended for use in silencing the
18 report of any firearm, but only such possession and activities
19 as are within the lawful scope of a licensed manufacturing
20 business described in this subsection (g-5). During
21 transportation, those devices shall be detached from any weapon
22 or not immediately accessible.
23     (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24 24-1.6 do not apply to or affect any parole agent or parole
25 supervisor who meets the qualifications and conditions
26 prescribed in Section 3-14-1.5 of the Unified Code of

 

 

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1 Corrections.
2     (h) An information or indictment based upon a violation of
3 any subsection of this Article need not negative any exemptions
4 contained in this Article. The defendant shall have the burden
5 of proving such an exemption.
6     (i) Nothing in this Article shall prohibit, apply to, or
7 affect the transportation, carrying, or possession, of any
8 pistol or revolver, stun gun, taser, or other firearm consigned
9 to a common carrier operating under license of the State of
10 Illinois or the federal government, where such transportation,
11 carrying, or possession is incident to the lawful
12 transportation in which such common carrier is engaged; and
13 nothing in this Article shall prohibit, apply to, or affect the
14 transportation, carrying, or possession of any pistol,
15 revolver, stun gun, taser, or other firearm, not the subject of
16 and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
17 this Article, which is unloaded and enclosed in a case, firearm
18 carrying box, shipping box, or other container, by the
19 possessor of a valid Firearm Owners Identification Card.
20 (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
21 95-885, eff. 1-1-09.)
 
22     Section 10. The Unified Code of Corrections is amended by
23 adding Section 3-14-1.5 as follows:
 
24     (730 ILCS 5/3-14-1.5 new)

 

 

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1     Sec. 3-14-1.5. Parole agents and parole supervisors;
2 off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and
3 Section 24-1.6 do not apply to parole agents and parole
4 supervisors who meet the following conditions:
5     (1) The parole agent or parole supervisor must receive
6 training in the use of firearms while off-duty conducted by the
7 Illinois Law Enforcement Training Standards Board and be
8 certified as having successfully completing such training by
9 the Board. The Board shall determine the amount of such
10 training and the course content for such training. The parole
11 agent or parole supervisor shall requalify for the firearms
12 training annually at a State range certified by the Illinois
13 Law Enforcement Training Standards Board. The expenses of such
14 retraining shall be paid by the parole agent or parole
15 supervisor and moneys for such requalification shall be
16 expended at the request of the Illinois Law Enforcement
17 Training Standards Board.
18     (2) The parole agent or parole supervisor shall purchase
19 such firearm at his or her own expense and shall register the
20 firearm with the Illinois Department of State Police and with
21 any other local law enforcement agencies that require such
22 registration.
23     (3) The parole agent or parole supervisor may not carry any
24 Illinois Department of Corrections State issued firearm while
25 off-duty. A person who violates this paragraph (3) is subject
26 to disciplinary action by the Illinois Department of

 

 

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1 Corrections.
2     (4) Parole agents and supervisors who are discharged from
3 employment of the Illinois Department of Corrections shall no
4 longer be considered law enforcement officials and all their
5 rights as law enforcement officials shall be revoked
6 permanently.